Full transcript
Okay, here's the deal. As the title of
this video implies, I began researching
the constitutionality of Flock cameras,
which are now being installed at a
mind-boggling pace in America. And after
just 3 days of heavy research on the
open internet, I woke up one morning and
lo and behold, a Flock technician was
installing one just a few hundred feet
from my driveway pointing
directly at my driveway. I'm not
kidding. I blurred all of the footage
around the camera because this thing is
directly in front of my house and you
know, normal people expect normal
amounts of privacy. And I'm I'm not
going to assume that a surveillance
camera was installed pointing at my
driveway directly because I began
heavily researching whether or not those
surveillance cameras were
constitutional.
Ladies and gentlemen,
we got them.
But the fact that this thought is even
within the realm of possibility at all
is exactly why America is so concerned
about these cameras.
At the Flock at a Troy, thank you very
much.
So in this episode, let's just answer
the dang questions. What are these
cameras? What do they do? And are they a
direct violation of our Fourth Amendment
right to privacy?
Who is your daddy and what does he do?
I'm Jake the lawyer and welcome back to
Internet Esquire.
All right, so you may have seen videos
floating around the internet recently
that deep dive into the controversy
around these cameras. I mean, there's a
ton of them.
Today, we're going to spy on Flock
employees to see how they like being
under surveillance.
And that's probably because over 115,000
of them have been installed in America
in less than 2 years. And the accusation
is simple. A private company is using
your tax dollars to install the
infrastructure for a nationwide mass
surveillance system. A system that will
not only track your everyday movements
and violate your constitutional right to
privacy, but will usher in other more
dystopian designs like social credit
score systems and worse. Now as good,
honest Americans with a healthy distrust
of governments big and small, [music]
that's obviously something we should be
concerned about. But, it's often hard
from these investigative videos to get
an actual sense of what's really
happening. Can a private company create
a mass surveillance system? Is that
legal? And is that even what's really
happening or is this entire thing being
blown completely out of proportion?
WILL SOMEONE PLEASE EXPLAIN TO ME WHAT
THE HELL IS GOING ON?
OKAY, let's just start at the beginning.
Flock Safety Inc., doing business as
Flock [music] Safety, is a private
American company founded in 2017 by Matt
Fury, Paige Todd, and CEO Garrett
Langley, who recently called deflock.org
a terrorist organization.
There's terroristic organizations like
deflock, whose primary motivation is
chaos.
Now, to be fair, he did apologize for
this later, but only after guys like Ben
Johnson and Tommy G got millions of
views when they started actually digging
into the company. Either way, calling a
crowdsource project that uses public
information to map Flock cameras a
terrorist organization is a pretty wild
mindset to have for a company that
claims everything it does is
constitutional because it comes from
public information.
All things that are public information
in the plain view.
Anyways, if you haven't figured it out
by now, Flock makes surveillance cameras
and the software that supports them.
But, that's like the only simple part
about any of this. And of course, what
most people are referring to when they
say Flock cameras today are Flock's
automated license plate reader cameras,
otherwise known as ALPRs or just LPRs.
These are the ones that have been
popping up everywhere. Now, here's the
thing about these cameras. Anyone can
get one. I mean, literally anyone. I
mean, you could get one and point it
facing at your driveway if you want to
do.
That'd be fun. Oh, I don't know if I'm
home yet. I better check. He knows if
you've been bad or good. So be good for
goodness sake. Anyway, here's how these
Flock cameras work. They capture a still
image of virtually every vehicle that
passes by by recording the license plate
time and location and then log the plate
number and use additional AI analysis to
create a more robust profile of the
vehicle based on identifying
characteristics like a roof rack or a
bumper sticker. The Flock system then
places that information into a
searchable database which is ordinarily
set for about 30 days but can be set for
almost literally any amount of time. So
if it does all of that, who then would
be likely to purchase all of these
cameras? Well, unsurprisingly, their
biggest customers are things like law
enforcement agencies, city governments,
and other large real estate holders like
homeowners associations, commercial
developments, universities, schools,
churches, and places like that. So now,
knowing that, let's answer the first big
question. Is any of this basic
technology and the use as described by
Flock constitutional in the first place?
Okay, are LPRs legal? Well, the general
answer is yes, license plate readers are
legal. But there is a very specific
context to their use that Flock seems to
be hell-bent on pushing the boundaries
on. And we're going to talk about all
that soon, but for now, just think of it
like this. Anyone can generally
photograph anything that is happening on
a public roadway so long as a few basic
things are kept in mind. They're in a
place where they're legally allowed to
be and they are observing information
that is regularly exposed to public
view, which is a very legalistic way of
saying things in the street can be
filmed, but keep this in mind. When law
enforcement does this or when the
government or any governmental agent
does this, something else comes into
play, the Fourth Amendment. And the
Fourth Amendment says this about the
right to privacy. The right of the
people to be secure in their persons,
houses, papers, and effects against
unreasonable searches and seizures shall
not be violated and no warrants shall
issue but upon probable cause supported
by oath or affirmation and particularly
describing the place to be searched and
the person or things to be seized. Don't
worry if that doesn't make sense to you,
okay? I'm right here. The point is,
well, the words the right to privacy do
not expressly
of the language of the Fourth Amendment,
that is really just legal shorthand for
the right to be free from unreasonable
searches and seizures and unjustified
government intrusion. Now, originally
this right to privacy was closely
connected to actual physical property
and it was designed to prevent the
government from entering your home,
seizing your belongings, or taking you
and your loved ones off to jail without
probable cause. But, as new technology
continued to reveal more and more about
everyday American life, beginning in the
mid-20th century, the Supreme Court
began to recognize that this physical
protection of property also extended to
government searches in the digital
realm. And the first case to do this was
in 1967 in a case called Katz versus
United States. A man named Charles Katz
was using a public telephone booth to
transmit illegal gambling information.
And so, what the FBI did is they placed
a listening device on the outside of the
telephone booth. And while Katz was
inside of the telephone booth blabbing
away about whatever illegal gambling
tips he had, the FBI heard the entire
conversation. They obviously then used
this information to prosecute him. And
when this came up in court, the
government argued that they did not
commit a Fourth Amendment search without
a warrant because they had not
physically entered the phone booth and
the fact that the phone booth was on a
public sidewalk. And while the court
held that what a person knowingly
exposes to public view is not protected
by the Fourth Amendment, they found the
listening device to be unconstitutional
saying this, "The Fourth Amendment
protects people, not places. What a
person knowingly exposes to the public,
even in his own home or office, is not
subject of Fourth Amendment protection.
But what he seeks to preserve as
private, even in an area accessible to
the public, may be constitutionally
protected." Meaning a government action
can be an illegal search even if it
doesn't involve physical trespass and
even if it happens in a public place
through what is known as the reasonable
expectation of privacy test. Here's how
that works. Whether someone A, actually
sought to keep something private and B,
that expectation is one that society
recognizes as reasonable, is more
important than the place where the
search occurred. As a result, things can
be protected from unwarranted government
intrusion even if those things happen in
public. So now, let's take this back to
Flock. They claim that every individual
camera just takes individual pictures of
license plates and that there's nothing
wrong or unconstitutional about any of
that.
ALPRs do not violate the Fourth
Amendment or any other constitutional
provision.
Well, yes.
That is true. Mhm. But there is way more
going on here than they're actually
letting on in these videos. And we're
going to get into all of that in a
minute when we begin to talk about the
Mosaic problem. But for now, let's just
continue to work the problem. If someone
seeks to preserve something as private
and that expectation is deemed
reasonable by society, that thing can be
constitutionally protected from
unwarranted government searches, even if
that search occurred in public. That was
the fundamental legal finding of Katz.
So, is it reasonable to have an
expectation of privacy in your license
plate when you're on a public road? No,
it's not. Beginning in 1983 with the
Supreme Court case of United States
versus Knotts, the court found that a
person traveling on public roads has no
reasonable expectation of privacy in the
vehicle's movements because the routine
direction stops and destination are
visible to anyone watching. And then, in
United States versus Porter in just
March of this year, the federal Fifth
Circuit applied that logic and held that
police did not conduct a Fourth
Amendment search by searching license
plate reader records which showed a
vehicle of interest at several points
along a public road. So, Flock is not
entirely wrong in this very narrow
interpretation of what their cameras do.
And this is also not uncommon for how
criminal investigations use LPRs today.
But, don't take my word for it. Here is
Buffalo Police Special Victims Unit
Detective Richard High to explain a
little bit more how LPRs are used every
day by law enforcement.
For law enforcement, when we use the
LPRs in order to like find vehicles that
are have a registration that's been
expired, you know, for like vehicle and
traffic law. You know, you the cop car
turns around, you know, puts its lights
on and said, "Hey, the LPR hit and said
that your license is suspended or the
vehicle registration suspended." That's
one way. The other way is we save that
data. So,
let me say that Axon, everybody knows
Axon's a body cam company. We use Axon.
We previously didn't. But, even then,
the
license plate readers that we had
stationary throughout the city and
attached to vehicles still saved the
data for a long period of time and we
could look and say hey this car recently
was involved in a shooting.
Let's run the plate and see where it
comes back to previously and then you
can see like how and where it would park
and where it would be when it would hit
those license plate readers, right? If
it's a patrol vehicle that's moving
around, it would say oh it's parked in
front of this address a whole bunch. We
can assume that that's a person that
lives there and then you gather more
information from like
uh your electrical or gas company or you
say hey this is where it was driving. We
now know that it was at this scene
during these times
possibly stalking somebody or
we know it came from this general
direction. So the data saved the data
bank on license plates that have been
read by LPRs has already been out there.
Now they may not talk to one another,
you know like Flock is an is a company
Axon is a company and the other previous
ones that we used is another company.
Sometimes they don't mesh. Now I believe
Flock might be
getting rid of that and meshing with
everybody so everybody can kind of
collect data together.
Right you are Detective High, right you
are. And if you'd like to see an
exclusive show available only on
pepperbox.tv
called awful and unlawful where
Detective High and I review incidents of
criminality along with our friend Nolan
from the Man vs. Morning podcast or you
just want to watch all of these YouTube
videos over there but without ads, check
out the link in the description below to
get started with a 14-day free trial.
Oh I like that.
Yeah, me too.
The first episode of awful and unlawful
is going to drop next week and there are
already hundreds of exclusive episodes
available over there right now that you
can't find on YouTube. Either way, it's
a great way to support this channel and
to take part in a great community. So
consider jumping on over there if you're
interested, otherwise all of my regular
internet Esquire videos will be
available here on YouTube with ads, or
over on Pepper Box. Anyway, as Detective
High stated and the Fifth Circuit Court
reiterated in the case of Porter, LPR
cameras are permitted as constitutional
so long as they are intermittent public
observations. Intermittent
public observations.
Intermittent. It's a word that matters.
Mhm. And it's important because it is
the opposite of continuous mass
surveillance tracking of the everyday
movements of innocent American people.
Because there are constitutional
limitations to public observation, and
this is something that Flock does not
want you to know about, and often times
law enforcement can also get wrong. The
idea that there is no expectation of
privacy in public is not true at all.
You still have a Fourth Amendment right
to privacy in public so long as your
expectation of that privacy is something
that society would deem as objectively
reasonable. And granted, while that is a
bit of a slippery definition, it is
within this exact definition that the
situation with Flock becomes way more
complicated.
Now, increasingly since the company
began, Flock technology is not just
simply designed to provide intermittent
information inside of a closed system.
It is designed to mesh information, not
just with other Flock cameras, but with
entirely other surveillance and police
information systems. In fact, Flock's
broader platform, Flock OS, is directly
marketed as the connective layer for
real-time crime centers. And according
to Flock, this system can place the
following information into one common
operating system and map: license plate
alerts, live and recorded video,
third-party camera feeds, gunshot
detectors, which we all know are just
microphones that are actively listening,
drones, computer-aided dispatch
information, vehicle location
information, and more. And this creates
something wholly different than just a
single LPR camera on a random public
roadway. Imagine it this way. Imagine
that LPR is connected with hundreds or
even thousands of other LPR cameras.
Now, imagine those are all connected
with drones, audio sensors, police
dispatch, and more, and it's all
integrated into one easy system inside
of a Flock operating system. Now, add in
a sprinkling of facial recognition, and
voila, that is something entirely
different than what we're talking about
with LPRs. It is a virtually continuous,
comprehensive, mass surveillance
tracking system capable of violating
some of the most basic concepts of
privacy that society itself would easily
recognize as objectively reasonable. And
that, my friends, is what we call the
mosaic problem. The idea that many small
pieces of surveillance data, each
seemingly harmless on its own, can be
combined to reveal a detailed picture of
someone's life that no ordinary observer
could realistically obtain, even if
every law enforcement and government
agent in the area was looking into it. A
place where the whole surveillance
record becomes constitutionally
different from the sum of its individual
parts, where hundreds or thousands of
scans over time reveal where you work,
where you worship, where you live, who
you sleep with, where you travel, and
where you take a dump.
Where beautiful women instinctively
flock like the salmon of Capistrano.
Sorry, my my point is if this were the
case, does any of this sound honest to
you?
There's a common misconception that
Flock tracks you wherever you go.
And that's just not the case.
Now, you might say, "Well, that's not
the case, Jake, so that's why none of
that sounds honest to you." But let me
tell you a little story. Here's the
funny thing about the mosaic problem. It
first occurred in legal reasoning when
the Supreme Court had to decide whether
or not the CIA was required to disclose
the names of researchers who had
participated in the MK-Ultra program.
Yeah, no, we're not doing that.
We're not using fog cameras as a mass
surveillance system. No. MK-Ultra, the
Tuskegee experiments, no, we we're not
doing that anymore. Yes, and look, I'm
not going to get too deep into what the
MK-Ultra program was, but just know that
it was a mind control program developed
by the CIA during the Cold War that
involved large amounts of LSD and
drugging innocent people.
Mind control, LSD, Charles Manson.
I'm not kidding.
But we're not doing that anymore.
Got it.
They said it. I don't know why you're
still here. They said that they're not
doing it anymore, so
it's probably not happening anymore.
We're not using labs in other countries
to engage in gain of function research.
No. Why would you think that?
It was a bat. Anyway, the 1985 case of
CIA versus Sims requested the names of
the researchers under a Freedom of
Information Act request, and of course,
unsurprisingly, the CIA refused and ran
to the Supreme Court for an opinion. And
the court reasoned that the CIA did not
only not have to disclose the names of
the researchers, but also didn't have to
disclose things like the names of the
universities where they worked or the
names of the laboratories where they
worked. Because well, those individual
pieces of information might seemingly be
harmless, they could be combined by a
foreign intelligence agency with other
publicly available pieces of information
to accurately identify the names of the
researchers. No way.
That's crazy. So, you could take a bunch
of individual pieces of information that
seem harmless on their own and combine
them to get a more complete picture of
something else that's happening. Huh,
insane. I mean, and of course, if it's a
foreign intelligence agency, yeah, we
don't want them getting a hold of that
information. That would be potentially
dangerous.
But wait.
What if it's our own government?
But what if he shot you in the face?
What if he shot me in the face?
That's the risk we were willing to take.
Fortunately, in more recent cases,
courts have begun to recognize the
obvious risks that a mosaic of
information poses to the right of
privacy in the digital age. In the case
of United States versus Maynard in 2010,
the DC Circuit Court said that although
each individual moment of a car on a
public roadway was exposed to the
public, obviously, 28 days of GPS
tracking data revealed a picture about
movements that no ordinary observer
could realistically obtain. Then in
2012, in the Supreme Court case of
United States versus Jones, they held
that attaching a GPS device to a vehicle
without a warrant constituted a
violation of the Fourth Amendment. And
well, the government tried to argue in
Jones that a driver has no reasonable
expectation of privacy to the movements
of their vehicle because they are
exposed to public view on a public road,
Justice Scalia writing for the majority
held that whenever the government
intrudes upon a protected person, house,
paper, or effects to obtain information,
it constitutes a Fourth Amendment
search. Good.
Good. I'm I'm glad we had to re-discover
that 235 years after the Fourth
Amendment was written. Good. Yeah, every
now and then it's just good good
reminder. The government be like,
"Hey, is is that still a thing?
Ah.
Dang it. And look, while the holding in
Jones was somewhat limited because it
involved both physical trespass and
digital trespass, it set the court up to
decide that unanswered question, which
they did 6 years later in the case of
Carpenter versus United States in 2018.
In Carpenter, police obtained a detailed
history of a suspect's movements from
his cell phone without first getting a
warrant based on probable cause. And of
course, most people know this now, but
whenever a cell phone communicates with
a cell tower by making calls, sending
messages, or using data, it connects
with nearby towers. The cell phone
carrier then keeps records of which
towers handled those communications. And
while those records do not provide a
precise GPS coordinate, they can place
the phone within a given area and show
how it moved over time. And this is
exactly what happened in Carpenter. The
government used over 13,000 location
points captured over 127
days to place the defendant's phone near
several robberies. Well, obviously, the
defendant argued that such a detailed
record of his movements constituted a
Fourth Amendment violation because it
had been obtained without a warrant and
was now being used against him in court.
But the government relied heavily on
what is known as the third-party
doctrine to justify its actions, which
says that a person generally lacks a
reasonable expectation of privacy when
their information is voluntarily
disclosed to a third party. And in a
five-four decision, the court held that
the use of the records constituted a
Fourth Amendment search with the central
principle being that a person maintains
a legitimate and reasonable expectation
of privacy within the whole of their
movements even though each individual
movement happened in public.
Impressive.
Very nice.
Huh.
Kind of like if, you know, hundreds or
thousands of data points taken by Flock
cameras were then organized through
their infrastructure to create a mosaic
of somebody's everyday regular
movements. Yeah.
Yeah, I suppose it could be just like
that. The court in Carpenter also took a
direct look at the third-party doctrine,
which is something that Flock contends
is part of their just and fair business
practices.
There's a concern that federal agencies
have secret access to Flock data. Every
one of Flock's clients control access to
their data.
This is one of Flock's biggest arguments
to say that they're in favor of privacy
and not doing anything unconstitutional.
Look, guys, like it's fine. Our
customers get to choose what they do
with their data. We don't we don't do
anything, okay? We're just the
middleman.
There's a common misconception that
Flock shares data on behalf of our
customers.
The reality is we will always have
customers be in control of their data.
But also, interestingly, Flock
technology is specifically desired
because of its shareability functions to
the point that what makes Flock more
valuable than other LPR and surveillance
systems out there is specifically this
sharing and mesh functionality. So, they
hide behind the argument that they don't
control the data while providing a
system that is specifically valuable
because of the way the data can be
shared.
Got it.
Dope.
Hell yeah.
This guy
The nice thing for us hoi polloi is that
in the Carpenter case, the court dealt
with this idea. First, the majority held
that just carrying a cell phone was an
indispensable part of participating in
everyday society. You know, kind of like
driving a car on a public roadway. Eh.
It's fine. Don't worry about that one.
That's still a privilege. And second,
they held that the cell phone user does
not meaningfully choose to transmit data
to the cell phone provider every time
they send a message and connect to a
tower. Instead, the data is
automatically generated as part of the
phone's normal function. Thus, the
defendant in Carpenter had not
voluntarily exposed his movements in the
same straightforward way that you would
voluntarily give over financial
information, say, if you were trying to
get a bank loan. And the mere fact that
a company possesses sensitive
information, or that that information
occurred in public, does not destroy
every Fourth Amendment protection.
Okay. Now, let's [music] take all of
this and add one more case on top of it,
a case that Flock has directly responded
to, Shattery versus United States, which
was decided on June 29th of this year
and is the Supreme Court's latest major
digital location decision. Here's what
happened. In 2019, a man named Okello
Shattery robbed a credit union in
Virginia, but the problem for
investigators was that they had
surveillance footage and witness
accounts, but they could not identify
the robber. So, seeking to uncover the
true identity of this future doctor,
police asked Google to identify every
device that appeared near the bank
around a 2-hour window when the robbery
took place in what is otherwise known as
a geofence warrant. And the way that a
geofence warrant works is basically
exactly the opposite of the way that a
traditional warrant works. Instead of
asking Google for information about a
named suspect, police draw a virtual
boundary around a location and demand
information identifying every device
recorded within that boundary during the
specified time. Google, in this case,
then searches its database and provides
to police an anonymous list of the
devices captured within that geofence.
Police then examine those devices,
request additional information, and
remove the unsuspecting ones until
they've narrowed it down. At which point
they go back to Google and ask them to
reveal the names, emails, and other data
associated with the device. Now,
obviously this creates a constitutional
problem. Instead of "No warrant shall
issue but upon probable cause supported
by oath or affirmation, particularly
describing the place to be searched," a
geofence warrant begins with a
completely unparticular general search
of everyone inside of the fence. And
while that information is provided
anonymously, police then search through
all of that information, eliminating the
ones that don't seem to be suspicious
until they've finally narrowed it down
to a particular device or a few
particular devices. Now, this brings up
an entirely different practical
question, which is how do you go through
someone's phone and not find out who
they are by all of the information
that's in there, but we'll just set that
one aside for now.
Either way, a geofence warrant in turn
produces three major objections under
the Fourth Amendment. First, probable
cause. Being near a crime scene does not
establish probable cause to say that
every cell phone contains evidence of
that crime. Second, particularity. Well,
I mean, nothing about this is particular
at all. You're literally grabbing all of
the phones within a geofence area, and
you're searching through those. And
third, just a general violation of the
right to privacy, you know, to be free
from unwarranted government intrusion.
Being in the wrong place at the wrong
time does not justify government
intrusion without probable cause.
Anyway, in the case of Shattery, well,
they eventually found the guy guilty of
the robbery and gave him 141 months in
prison because, well, screw that guy,
the issue of geofencing came up in a
major way. And well, the court did not
specifically hold that all geofencing is
unconstitutional, they did specifically
hold that geofencing is a search under
the Fourth Amendment. And this
reinforced the Carpenter decision from
2018, which held that people do have a
reasonable expectation of privacy in the
whole of their movements, even if those
movements occurred in public. And that
digital information does not
automatically lose constitutional
protection merely by virtue of the fact
that it is held by a third party. The
hilarious thing about the Shatry
decision though, was that Flock tried to
spin it as quote, "Reaffirming that
people do not have an expectation of
privacy on public roads." Wow.
Oh, oh, oh, and this. And that ALPR
systems are a clear distinction from
comprehensive digital location tracking.
Sure. Yeah. Yeah, let's go with that.
But here's why this is a win if you're
skeptical about Flock cameras because
anytime major companies or politicians
start saying something that is exactly
the opposite of the truth, you know
you're getting close. No, the Shatry
decision did not reaffirm the idea that
people do not have an expectation of
privacy on public roads. And that's why
they had to add this little bit at the
end. In the same way that they do in
private spaces. Oh, oh, yeah, yeah,
yeah. Look, look.
Of course, of course, everybody
recognizes that you don't have the same
expectation of privacy on public roads
as you do in your home. Of course,
that's that's all we're saying. That's
all we're saying.
That's all we're saying. And of course,
given that that is what we're saying, it
it it it also reinforces the legal
principles that have guided ALPR
decisions for years. Yeah, guys, it's
fine. This has been going on for years.
That makes it totally okay. Totally okay
if something has been going on for years
for that means that it's okay. I don't
know if you know that.
But that's how it works. The longer you
do it for, the the the the more okay
it becomes. And did it support ALPRs as
a clear distinction from digital
location tracking?
No. Instead, it reaffirmed the idea that
if the mosaic of information becomes too
comprehensive, then it will also fall
under the Fourth Amendment when it is
used to search.
So, are Flock cameras constitutional?
For now, yes. Flock is skirting by as
constitutional because they are holding
on to the idea that they're just another
LPR system for dear life like Tom Cruise
on that airplane.
[music]
But at the same time they are doing
this. They are literally building the
infrastructure for a digital mosaic of
information made up of innocent data
points that in reality construct such a
detailed insight into a person's life
that no ordinary observer could
realistically obtain it, which obviously
is unconstitutional for law enforcement
to search through without probable cause
and a valid warrant. And they're hiding
behind the idea that we let customers
choose what to do with their data, so
they can step back and claim they're not
truly responsible for creating the
mosaic. Ha, yes, of course. Yeah, I can
just imagine their lawyers trying to
come up with a theory. Okay, guys, how
can we create a mass surveillance system
while also saying that we're legally not
creating a mass surveillance system?
Hmm.
This is it.
This is the answer.
Ha, yes, that's it. It's the data. If
we're not actually meshing the data,
then
we can't be held responsible.
If we could somehow
harness this lightning.
Anyway, unfortunately, because of all of
this, the current legal fight is within
a constitutional gray area. And look,
[music] anytime you're dealing with new
technologies that touch upon fundamental
principles like the right to privacy,
you're you're going to get into
situations like this. It's not like
America hasn't been here before. But,
here's the thing. Flock, if it keeps
moving in this direction, might become a
victim of its own success. Because the
constitutional arguments protecting
intermittent license plate reader
technology becomes more and more weak
the more robust the Flock systems get.
One camera is
clearly constitutional. 20 cameras
paints a little bit different of a
picture. But, hundreds or even thousands
of cameras that show the entirety of
somebody's journey from point A to point
B,
hmm. And then you combine that with the
Flock OS system, which brings in
thousands of other data points, well,
you start doing that and you now have a
comprehensive chronicle that details
some of the most intimate things in a
person's life even if those things
occurred in public. [music] And it is
very fair to say that society has a
reasonable expectation of privacy in
that. And as far as I can tell, the
courts have begun to recognize that more
and more and more. And well, yes, in
April of this year, there was a ruling
in the city of Norfolk, Virginia that
said that they could put up 172 Flock
cameras. The court's ruling was limited
to, quote, the existing system as
presently configured. That doesn't mean
that it's okay for them to set up 200
Flock cameras. I'm just saying courts
are starting to look at this and go,
yeah.
Mhm.
I've got it under control. I've sorted
it out. We're we're we're good.
And here is the ultimate problem for
Flock. Their legal justification under
the Constitution relies on the idea that
their cameras only produce fragments of
information, but their commercial
success as a company
relies entirely on eliminating the gaps
between those fragments. Now, the
problem with the law is that we won't be
able to decide on whether something like
that is constitutional
until a system like that
is already built. And while I agree that
current case law suggests that the
Supreme Court would find a system like
that unconstitutional,
it behooves us as citizens to,
you know, not let it get that far.
Getting out in front of this problem and
letting our local governments know that,
well, we can respect law and order,
placing the right of privacy above
safety is the correct constitutional
hierarchy. And that LPR cameras can
still serve their legitimate function in
society without, you know, I don't know,
accidentally becoming a nationwide mass
surveillance system. And people speaking
out about this has been making a
difference. I mean, the city of Los
Angeles, for example, just, I think,
abandoned their program with Flock.
That's the video. I hope you enjoyed it,
and I hope you learned something.
Comment below on other video topics
you'd like to see me explore. Flock was
a big one that has been brought up in
the last 2 weeks, so that's why I
decided to do this video. And don't
forget to check out pepperbox.tv if you
want to get all of these videos without
ads and the new exclusive Awful and
Unlawful, which will be coming out over
there soon. Consider subscribing if
you've seen more than one of these
videos and enjoyed it. And now I have to
go figure out when the next public
county meeting is to see what the hell
is going on with that
camera
in my driveway.
Awesome.
All right, have a have a wonderful day.
See you on on next one. Did you like the
microphone that I installed? Hopefully,
you did. Let me know.
Okay, so look, I know that they're just
using my search history to give me this
message, but I noticed you were checking
out our blog on ALPR technology. Saw
that you're interested in what the
Supreme Court Chat re decision means for
ALPR technology. Yeah, we're available
if you have any questions or want to
talk more.
Yeah, we're just going to put a camera
in front of your driveway and we'll be
there if you have any questions.
Uh-huh.
Sure.